AChap05-OSHA - CHAPTER 5 CHAPTER OSHA GENERAL DUTY GENERAL...

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Unformatted text preview: CHAPTER 5 CHAPTER OSHA GENERAL DUTY GENERAL Each employer shall furnish to Each “employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm.” physical OSHA AGENCIES OSHA Occupational Safety and Health Occupational Administration (OSHA) Administration q National Institute for Occupational and National Health (NIOSH) Health q Occupational Safety and Health Review Occupational Commission (OSHRC) Commission q OSHA OSHA Promulgates new regulations q Enforces compliance with the Enforces regulations regulations q Gathers statistics on injuries and jobrelated illness q NIOSH NIOSH Research arm for OSHA q Recommends new regulations to OSHA q Develops educational materials q OSHRC OSHRC q Reviews appeal of fines or abatement Reviews periods periods SAFETY REGULATIONS FOR CONSTRUCTION Code of Federal Regulation 1926 also numerous reference standards apply: also q National Fire Protection Association National (NFPA) (NFPA) q American National Standards Institute American (ANSI) (ANSI) q American Standards for Testing and American Materials (ASTM) Materials q many others FOCUS OF OSHA REGULATIONS REGULATIONS is on the Maintenance of Safe Physical Conditions Physical “iincludes construction, alteration, and/or ncludes repair, including painting and decorating ...” ...” OSHA REGULATIONS GO BEYOND PHYSICAL CONDITIONS CONDITIONS Initiate and maintain programs on Initiate accident prevention accident q Education and training on recognition, Education avoidance and prevention of unsafe conditions conditions q DEFINITIONS DEFINITIONS q Authorized Person - person approved or Authorized assigned by the employer to perform a specific type of duty or duties specific q Competent Person - person capable of Competent identifying existing and predictable hazards in the surroundings or working conditions, empowered to correct conditions empowered q Qualified means one who, by Qualified possession of a recognized degree, certificate, or professional standing or experience has successfully demonstrated his ability to solve or resolve problems related to a particular topic topic ISSUING NEW STANDARDS ISSUING Developed by various means (NIOSH Developed may help) may q Public hearings are held q Final version of standard may then be Final issued issued q INITIATING COMPLIANCE INSPECTIONS INSPECTIONS Prior knowledge of dangerous Prior situations situations q Random q Complaint of OSHA violations q Fatality or multiple injury incident q Programmed or scheduled inspection q Follow-up (verify abatement) q CONDUCTING INSPECTIONS CONDUCTING Introduction q Opening conference q Employer selects representative to Employer accompany the inspector accompany q Worker selected to accompany the Worker inspector inspector q Check records q Check the job conditions q Closing conference q REDUCTIONS IN FINES REDUCTIONS Small firms q Good history of OSHA compliance q Good faith efforts q FINES CAN BE CONTESTED FINES Written objection to area director within Written 15 working days of the citation 15 q Administrative judge renders a ruling q Next stage is through the OSHRC q STATE PLAN STATES STATE State agencies enforce compliance q OSHA funds 50% of state efforts q OSHA continues to monitor state efforts q There are 20 state-plan states q OTHER OSHA PROGRAMS OTHER STAR q Merit q Demonstration q FOCUSED INSPECTIONS FOCUSED Inspections that are directed to serious Inspections hazards hazards q If no serious hazards exist, no in-depth If inspection will occur inspection q TARGETED INSPECTIONS TARGETED q Inspections that are directed to Inspections construction projects that have had compliance problems with OSHA regulations in the past regulations ...
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